Neglected teenager was 'skin and bones' before death, court told

A court has heard two parents who admitted causing their daughter's death by criminal neglect failed to appreciate how urgently she needed medical attention.

The South Australian Supreme Court heard teenager Dawn Edward had type-1 diabetes which required constant management.

The girl, 14, died in August 2009 at the family's Adelaide home, her weight having fallen to 28 kilograms.

Debra and Richard Edward originally were charged with manslaughter after a lengthy police investigation, but pleaded guilty to a downgraded charge of causing death by criminal neglect.

The court heard neither Debra Edward, who had an intellectual disability, nor Richard Edward made any phone call to get medical help when their daughter was vomiting, unable to walk and having a seizure a week before she died.

Prosecutor Carmen Matteo said the girl's death was preventable and her parents had been educated by the Adelaide Women's and Children's Hospital about how to manage the diabetes.

"The victim died of hyperglycaemia, that is high glucose levels and dehydration, both of which complicated her underlying condition of diabetes," the court heard.

"The condition was treatable and her death was preventable.

"The prosecution case is not one of withholding food or fluids of failure to administer insulin, the prosecution case is that the defendants' conduct involved failure to seek or obtain medical assistance for the victim in the week before her death when she was obviously sick."

Ms Matteo told the court the unlawful act had not been an isolated matter and there was evidence the couple's five children were neglected.

"The offending Your Honour is concerned with did not involve a momentary or aberrant lapse in what was otherwise good and careful parenting. Dawn had not seen a doctor since the 18th of June. She had appeared unwell from Saturday the 1st of August 2009," she said.

It was complete failure on his part to appreciate the seriousness of the situation. He failed his daughter because all he needed to do was make a telephone call

Justin Wicken

Premature birth and always slim

Ms Matteo cited medical professionals as saying the teenager was "skin and bones" at the time of her death.

The court heard the last time the girl saw a doctor in June 2009 she had weighed 33.5kg and a dietician had recommended a larger energy intake.

The hearing was told the girl was a triplet and had a premature birth so was always "on the slim side".

Justin Wickens, representing Richard Edward, said his client was of low intellect and was the primary caregiver for his intellectually disabled wife and five children, most of whom also had intellectual disabilities.

He said Richard Edward believed his daughter was suffering from an episode of gastroenteritis as she had a year earlier when he needed to take her to hospital.

"It was complete failure on his part to appreciate the seriousness of the situation. He failed his daughter because all he needed to do was make a telephone call," Mr Wickens told the hearing.

"This man is extremely remorseful for the situation, Your Honour, he understands the great loss he's caused his wife and the great loss he's caused to Dawn's siblings.

"If he could go back he would not have hesitated making that phone call early in the week but he can't, and the matter now turns to a situation where Your Honour must look at the objective facts of this situation and arrive at an appropriate sentence.

"He understands that, he doesn't resile from the position that he's put himself in, put his family in, put his daughter in."

Turned down support offered

Mr Wickens said his client had needed support but not taken up offers.

"He had a great deal of difficulty working and managing the household as well and part of his failure in this situation is that he didn't put his hand up and accept the help that had been offered to him and for that he is sorry," he said.

"This is a man who was effectively overwhelmed by the situation he put himself in. He was in a difficult family situation, he had children to care for with different disabilities, had a very sick child on his hands and failed to appreciate the risks this child was facing."

The court heard Families SA had been involved with the family but the parents had resisted offers of help.

Justice Kevin Nicholson said he only needed to look at photographs tendered to the court to see how sick the child was.

But he said his task was to assess the parents' awareness of the situation.

Debra Edward's lawyer Russell Cole told the court his client had faced domestic violence and was scared of her husband.

"She was told that if she rang the cops or ambulance or a doctor she would pay big time," he said.

"[Her husband] told her 'These are my kids you keep out of it'."

Richard Edward denied those allegations.

Ms Matteo said the court's finding about whether there was domestic violence would have a significant impact on sentencing as it could aggravate Richard Edward's offending and mitigate Debra Edward's offending.

Justice Nicholson said he would need to consider how to resolve the factual dispute.

"It would be artificial to decide each of those allegations in a vacuum," Justice Nicholson said.

"As a matter of logic I would have to put to Mr Wickens and Mr Cole that I cannot accept the mitigation without hearing evidence."

Justice Nicholson adjourned the case to next week to see if the defendants want to give evidence on the disputed facts before sentence.